Common use of Information Blocking Clause in Contracts

Information Blocking. Notwithstanding Section 3.1, neither Party shall unfairly or unreasonably limit access, exchange or interoperability with the other Party or engage in any health information blocking in violation of the 21st Century Cures Act or its implementing regulations. This includes the use of burdensome testing requirements that are applied in a discriminatory manner or other means that limit the ability of either Party to send or receive Message Content to the other Party, Participant Members, Participant Member Users, Individuals, or groups of them, whether it is a competitor, whether it is affiliated with or has a contractual relationship with any other entity, or whether it has or fails to have any other characteristic; provided, however, that limitations, load balancing of network traffic or other activities, protocols or rules shall not be deemed discriminatory to the extent that they either: (a) benefit patients by prioritizing Treatment over other activities; (b) are based on a reasonable and good faith belief that the other entity or group has not satisfied or will not be able to satisfy the mandatory minimum obligations stated in this Agreement (including compliance with Applicable Law) in any material respect; or (c) or are otherwise required by Applicable Law, necessary to enable compliance with Applicable Law, or specified by the Secretary of Health and Human Services.